Terms and conditions

In these terms, the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.

Cooling-off period: the period within which the consumer can exercise his right of withdrawal.

Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession.

Day: calendar day.

Digital content: data produced and supplied in digital form.

Continuing performance contract: an agreement aimed at the regular delivery of items, services and/or digital content during a specified period.

Durable medium: any tool – including email – enabling the consumer or trader to store information personally addressed to him in a way that allows future consultation or use during a period appropriate for the purpose of the information, and that allows unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance.

Distance contract: an agreement concluded between trader and consumer within an organised system for distance sale of products, digital content and/or services, in which up to and including the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication.

Model withdrawal form: the European model withdrawal form included in Appendix I of these terms. Appendix I does not need to be made available if the consumer has no right of withdrawal regarding his order.

Technique for distance communication: a means that can be used for concluding a contract without the consumer and trader having to be present in the same room at the same time.

Obeyaboards.com

• Transistorstraat 91-27, 1322 CL Almere, the Netherlands
• Phone: +31 85 060 9411 (Mon-Fri: 9:00-17:00 CET)
• Email: info@obeyaboards.com
• Chamber of Commerce number: 66634466
• VAT identification number: NL001918429B18

If the trader's activity is subject to a relevant licensing scheme: the details of the supervisory authority.

If the trader practises a regulated profession:

• the professional association or organisation he is affiliated with;
• the professional title, the place in the EU or European Economic Area where it has been awarded;
• a reference to the professional rules applicable in the Netherlands and instructions on where and how these rules can be accessed.

These terms apply to every offer made by the trader and to every distance contract concluded between trader and consumer.

Before the distance contract is concluded, the text of these terms is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the terms can be inspected and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these terms can be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate where the terms can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

In case specific product or service terms apply in addition to these terms, paragraphs two and three apply mutatis mutandis, and the consumer can always rely on the most favourable applicable provision in case of conflicting terms.

If an offer has a limited validity or is subject to conditions, this is explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the trader uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Subject to paragraph 4, the agreement is concluded the moment the consumer accepts the offer and meets the conditions attached to it.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader may, within legal limits, inform himself whether the consumer can meet his payment obligations, as well as of all facts and factors important for responsibly concluding the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to its execution.

The trader will, no later than upon delivery of the product, service or digital content, send the consumer the following information in writing or in such a way that it can be stored on a durable medium:

• the visiting address of the trader's place of business where the consumer can submit complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
• information on warranties and existing after-sales service;
• the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the manner of payment, delivery or execution of the distance contract;
• the requirements for terminating the agreement if it has a duration of more than one year or is for an indefinite period;
• if the consumer has a right of withdrawal, the model withdrawal form.

In case of a continuing performance transaction, the previous paragraph only applies to the first delivery.

For products

The consumer can dissolve an agreement for the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal but cannot oblige him to provide it.

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by him in advance and other than the carrier, has received the product, or:

• if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times;
• if delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
• for agreements for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content not supplied on a tangible medium

The consumer can dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium during at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal but cannot oblige him to provide it.

The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period if the consumer is not informed about the right of withdrawal

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If the trader has provided the information referred to in the previous paragraph to the consumer within twelve months of the start of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine its nature, characteristics and functioning. The principle is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

The consumer is only liable for any decrease in value of the product resulting from handling beyond what is permitted in paragraph 1.

The consumer is not liable for any decrease in value of the product if the trader has not provided him with all the legally required information about the right of withdrawal before or upon conclusion of the agreement.

If the consumer exercises his right of withdrawal, he reports this within the cooling-off period using the model withdrawal form or in another unambiguous way to the trader.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

The consumer returns the product with all delivered accessories, in their original condition and packaging where reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and burden of proof for correctly and timely exercising the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates he will bear them himself, the consumer does not have to bear the costs of return.

If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer owes the trader an amount proportional to that part of the obligation that has been performed by the trader at the moment of withdrawal, compared to the full performance of the obligation.

The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

• the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
• the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:

• he has not expressly consented to the start of performance of the contract before the end of the cooling-off period prior to delivery;
• he has not acknowledged that he loses his right of withdrawal when giving his consent; or
• the trader has failed to confirm this declaration by the consumer.

If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

If the trader makes electronic notification of withdrawal possible, he sends an acknowledgement of receipt without delay after receiving such notification.

The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.

The trader uses the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

The trader can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or in good time before concluding the agreement:

• Products or services with a price tied to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period;
• Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the trader to the consumer who is personally present, or has the opportunity to be personally present, at the auction under the supervision of an auctioneer, and where the successful bidder is obliged to take the products, digital content and/or services;
• Service contracts, after full performance of the service, but only if performance has begun with the express prior consent of the consumer, and the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;
• Package travel as referred to in Article 7:500 of the Dutch Civil Code, and passenger transport contracts;
• Service contracts for the provision of accommodation, where the contract specifies a particular date or period of performance, other than for residential purposes, freight transport, car rental services and catering;
• Contracts relating to leisure activities, where the contract specifies a particular date or period of performance;
• Products manufactured according to the consumer's specifications that are not pre-fabricated and that are made on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
• Products that perish quickly or have a limited shelf life;
• Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• Products that, after delivery, are by their nature inseparably mixed with other products;
• Alcoholic beverages whose price was agreed at the time of conclusion of the contract but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the trader's control;
• Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
• Newspapers, periodicals or magazines, with the exception of subscriptions to them;
• The supply of digital content other than on a tangible medium, but only if performance has begun with the express prior consent of the consumer and the consumer has declared that he thereby loses his right of withdrawal.

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

By way of derogation from the previous paragraph, the trader may offer products or services with variable prices where prices are tied to fluctuations in the financial market over which the trader has no control. This dependence on fluctuations and the fact that any prices stated are guide prices are mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

• a. they are the result of legal regulations or provisions; or
• b. the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

The prices stated in the offer of products or services are inclusive of VAT.

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

An additional warranty provided by the trader, his supplier, manufacturer or importer never restricts the legal rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfil his part of the agreement.

An additional warranty means any obligation of the trader, his supplier, importer or producer in which they grant the consumer certain rights or claims that go further than they are legally required to in the event that they have failed to fulfil their part of the agreement.

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the trader.

With due observance of what is stated in article 4 of these terms, the trader will execute accepted orders with due dispatch but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified no later than 30 days after placing the order. The consumer then has the right to dissolve the agreement at no cost and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.

The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless explicitly agreed otherwise.

Termination

The consumer can terminate an agreement entered into for an indefinite period that aims at the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a fixed period that aims at the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements referred to in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least in the same way as he entered into them;
• always with the same notice period as the trader has stipulated for himself.

Renewal

An agreement entered into for a fixed period that aims at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

By way of derogation from the previous paragraph, an agreement entered into for a fixed period that aims at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate the extended agreement towards the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period that aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is at most three months if the agreement aims at regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.

A limited-duration agreement for the regular trial delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Unless otherwise stipulated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of a service contract, this period starts on the day after the consumer has received confirmation of the agreement.

When selling products to consumers, the consumer may never be obliged in the general terms to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any right concerning the execution of the order or service(s) before the agreed advance payment has been made.

The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the trader.

If the consumer fails to meet his payment obligation(s) on time, after being notified by the trader of the late payment and being granted a 14-day period to still meet his payment obligations, then after non-payment within this 14-day period, statutory interest is owed on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs incurred. These collection costs are at most: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The trader may deviate from these amounts and percentages in favour of the consumer.

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader are answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is open to the dispute settlement procedure.

Agreements between the trader and the consumer to which these terms apply are exclusively governed by Dutch law.

Additional provisions or provisions deviating from these terms may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable medium in an accessible manner.

Model withdrawal form (only complete and return this form if you wish to withdraw from the contract).

To: Obeyaboards.com, Transistorstraat 91-27, 1322 CL Almere, the Netherlands, info@obeyaboards.com

I/We* hereby give notice that I/we* withdraw from our contract concerning:

• the sale of the following products: [product description]*
• the supply of the following digital content: [digital content description]*
• the provision of the following service: [service description]*,

is hereby withdrawn.

• Ordered on*/received on* [date of order for services or receipt for products]
• [Name of consumer(s)]
• [Address of consumer(s)]
• [Signature of consumer(s)] (only if this form is submitted on paper)
• [Date]

* Delete as appropriate.